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PRIVILEGED AND CONFIDENTIAL ATTORNEY OPINION WORK PRODUCT

To: File

From: Gibson, Dunn & Crutcher LLP

Re: DuHaime Interview Memorandum

On March 11, 2014, and March 13, 2014, Mike DuHaime was interviewed by Randy M. Mastro and Sarah Vacchiano of Gibson Dunn. DuHaime was represented by counsel Marc Mukasey during both interviews. All information contained herein was provided by DuHaime or as indicated. The information in brackets was obtained from publicly-available sources, not from the interview itself. DuHaime has not read or reviewed the memorandum and has not adopted or approved its contents. Mastro began the interview by administering the standard Upjohn warnings per Gibson Dunn protocol, and requesting that DuHaime refrain from discussing the investigation and interview with others. DuHaime stated that he agreed, understood, and did not have any questions.

This memorandum does not contain a verbatim transcript of what was said at the meeting; rather, it is a summary of the discussion that reflects counsel’s mental thoughts and impressions and is therefore protected from disclosure by the attorney work product doctrine.

I. Background

[DuHaime graduated from with a B.A. in journalism and political science.]

A. Relationship with Governor

DuHaime’s relationship with Governor Christie dates back to 1997, when DuHaime was working on a state senate campaign at the same time that Governor Christie was running for re-election as Morris County freeholder. DuHaime got to know the Governor at that time and they stayed in touch through the years.

On January 1, 2009, DuHaime started working at Mercury Public Affairs, and also started working for Governor Christie when the Governor retained DuHaime’s consulting firm, Mercury Public Affairs, to consult for the gubernatorial campaign. The Governor hired Mercury again in 2013 for Governor Christie’s re-election campaign. DuHaime worked as a strategist on both of

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Governor Christie’s campaigns. In this role, DuHaime coordinated the strategic part of the campaign, including consulting, polling and advertising.

DuHaime also worked as a consultant to the New Jersey Republican Party (“NJGOP”) after the primary in 2009, with a focus on the GOTV (“Get Out The Vote”) operation.

After Governor Christie was elected Governor in 2009, DuHaime served as one of ten volunteer members on the Governor’s transition committee. In that role, DuHaime was involved in reviewing resumes and making policy and staff recommendations. DuHaime stated that party affiliation was not a hiring factor, as the team was tasked with finding the best people regardless of political affiliation. DuHaime was not otherwise involved in setting up the structure of the Governor’s Office. Aside from serving on the transition committee, DuHaime did not work for the Governor in an official capacity during the Governor’s first term in office. DuHaime has not worked for the Governor during his second term since consulting on the Governor’s re-election campaign. DuHaime and the Governor are friends, and DuHaime gives the Governor informal advice when he asks for it.

When the Governor took office in 2010, DuHaime also served twice as a consultant for the NJGOP in a general advisory role for restructuring state government. Both of these consulting jobs were brief and done through DuHaime’s employment at Mercury.

B. Relationship with Bill Stepien

DuHaime and Stepien have a history of working together, in and out of politics, that spans approximately twenty years. For example, Stepien and DuHaime worked together on the Senator and campaigns. When Stepien worked in the Administration as Deputy Chief of Staff for Legislative and Intergovernmental Affairs (“IGA”), DuHaime and Stepien were friends and spoke over time, but DuHaime was not involved with IGA.

C. Relationship with Bridget Kelly

DuHaime first met Bridget Kelly during Governor Christie’s 2009 campaign. When Kelly worked in the Governor’s Office, DuHaime and Kelly interacted infrequently. When Kelly was promoted to Deputy Chief of Staff after Stepien left the Governor’s Office, DuHaime coordinated with Kelly on specific things; for example, if DuHaime was planning to attend a speech the Governor was making, DuHaime coordinated with Kelly to get his ticket to the event. He also, from time to time, passed along resumes to her for intern positions.

D. Relationship with

DuHaime first met Bill Baroni in 1998. They first worked together in 2000 on Bob Franks’ Senatorial campaign. DuHaime later served as a consultant to Baroni’s 2003 New Jersey Assembly campaign. DuHaime and Baroni stayed in touch over the years. During Baroni’s 2003 New Jersey Assembly campaign, DuHaime left to work on the Bush campaign in 2004. DuHaime was not involved with Baroni’s subsequent Assembly re-election and state

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Senate campaigns, but Baroni called DuHaime every so often to ask for informal campaign advice, and the two maintained a friendship over the years.

DuHaime stated that Baroni approached DuHaime when DuHaime was serving on Governor Christie’s transition committee to express interest in serving in the Administration. Baroni asked DuHaime to help circulate Baroni’s resume and named a few positions that he specifically had in mind, including Attorney General and a position at the Port Authority. DuHaime said that he was not involved in making those types of decisions, but offered to pass Baroni’s resume to the appropriate people.

E. Relationship with

DuHaime has known David Wildstein since the late 1990s. In 1999, DuHaime was working for then-Congressman Bob Franks running a political action committee. When Franks decided to run for Senate in the latter part of 1999, DuHaime transitioned to Franks’ campaign for Senate. Wildstein did not work on the campaign, but he was a close friend of Franks and was frequently present at campaign meetings and often gave political advice, and DuHaime and Wildstein became friends during this time. After the Franks campaign, DuHaime and Wildstein maintained a friendship. DuHaime knew that Wildstein ran a carpet business, and became aware early in their friendship that Wildstein was running a political blog, PoliticsNJ.com, under the pseudonym Wally Edge.

1. Wildstein’s Position at the Port Authority

DuHaime said that the recommendation to hire Wildstein as Director of Interstate Capital Projects at the Port Authority came through Baroni, not the Governor. DuHaime was aware that the Governor and Wildstein went to high school together, but was not under the impression that the Governor and Wildstein maintained a close relationship since high school. DuHaime said it was definitely Baroni, not the Governor, who was the driver for getting Wildstein into the Port Authority.

II. Roles and Responsibilities

A. Governor Christie’s Re-Election Campaign

DuHaime went to the Governor with a proposal for DuHaime’s role on the re-election campaign, which DuHaime said mirrored the 2009 role both in terms of compensation and responsibilities. DuHaime added that his proposed 2013 compensation may have even been slightly less than in 2009. The Governor and his campaign chairman, Bill Palatucci, approved DuHaime’s proposal.

1. Selection of Stepien as Campaign Manager

DuHaime said that he always believed Stepien would be the right person to manage the campaign, but DuHaime did not know if Stepien wanted to run the campaign again, having

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served as the Governor’s campaign manager in 2009. DuHaime said that the Governor thought that it would be the right call to bring Stepien back for the re-election campaign. Stepien and the Governor made the decision for Stepien to leave the Governor’s Office to run the campaign. DuHaime was not involved in any discussion of who should fill Stepien’s position in the Governor’s Office. DuHaime said that he had always heard good things about Kelly, but had not had a lot of interactions with her.

2. Potential Endorsement by Hoboken Mayor Dawn Zimmer

DuHaime explained that he has had a unique relationship with Hoboken because it was DuHaime’s hometown from the late 1990s until 2011, and because of that connection, DuHaime interacted with Mayor Zimmer frequently. DuHaime said that Mayor Zimmer reached out to him during her 2013 re-election campaign—she was running for re-election during the same time as Governor Christie—and asked DuHaime if he was interested in being involved in her campaign. In or about December 2012 or January 2013, DuHaime met with Mayor Zimmer and her chief of staff to discuss DuHaime’s potential involvement. DuHaime told Mayor Zimmer that he did not really work on municipal campaigns anymore, but because Hoboken was a city that he loved and lived in, he was happy to talk to her about it. DuHaime said they discussed the Governor’s contemporaneous re-election race, and recalled Mayor Zimmer expressing concern about getting involved in the Governor’s race because of her own election race. Later in 2013, DuHaime met with Mayor Zimmer’s husband and her chief of staff to talk about whether or not DuHaime wanted to have a role in Mayor Zimmer’s campaign. DuHaime relayed that the Governor’s campaign had recently done a poll in Hoboken, and the Governor’s numbers were very strong in Hoboken. DuHaime thought this would give Mayor Zimmer comfort and signal to her that her own re-election would not be affected by her endorsement of the Governor. DuHaime thinks that this conversation took place post-primary, in late June or early July 2013.

DuHaime commented that, as late as June or July 2013, Mayor Zimmer had a good working relationship with the Governor and DuHaime had received no indication otherwise, by Mayor Zimmer or her husband, who was very involved in her campaign. Subsequent to the June/July meeting, Mayor Zimmer’s husband told DuHaime that Hoboken had also done a poll that showed the Governor in a strong position. DuHaime passed this information to Stepien to follow up on Mayor Zimmer’s endorsement, as most of the endorsement process was handled through the campaign’s day to day staff and not DuHaime as a consultant.

In August 2013, DuHaime read a Star-Ledger article, quoting Mayor Zimmer at an event in Newark, in which Mayor Zimmer stated she would not be endorsing the Governor. DuHaime said this was the first time DuHaime or the campaign learned about Mayor Zimmer’s decision not to endorse. Shortly thereafter, the campaign was organizing a small business endorsement event for Governor Christie in Hoboken. DuHaime explained that the bakery is called “City Hall Bakery” because of its proximity to City Hall in Hoboken. DuHaime recalled that Mayor Zimmer had reached out to DuHaime the day before the event, offering to come to the event and welcome the Governor to Hoboken. DuHaime asked her directly if she would be endorsing the Governor; she responded no. DuHaime told her politely that her presence might be a distraction

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to the event. DuHaime said he spoke to the Governor to make sure that he was aware DuHaime had told Mayor Zimmer that her presence at the endorsement event could be a distraction based on her decision not to endorse, and the Governor agreed with DuHaime.

DuHaime explained there was a general frustration among campaign staff that Mayor Zimmer had been particularly supportive of the Governor’s policy initiatives over the years, and she had said nice things about the Governor publicly and in conversations with DuHaime and others on the campaign, and had indicated a willingness to endorse—yet when Mayor Zimmer decided not to endorse, her decision was received by DuHaime and others on the campaign by reading a newspaper article along with the general public. However, DuHaime said that, aside from telling Mayor Zimmer that her attendance at a Hoboken endorsement event would be a distraction based on her decision not to endorse the Governor, DuHaime had no knowledge of whether the campaign was frustrated with Mayor Zimmer or took any adverse action against her. DuHaime was similarly unaware of people in IGA being told not to go the extra mile for Mayor Zimmer after she decided not to endorse the Governor.

3. Potential Endorsement by Fort Lee Mayor Mark Sokolich

DuHaime was generally uninvolved in obtaining endorsements. DuHaime would speak personally with Democratic officials with whom he had preexisting personal relationships, but he recalls only personally knowing a handful of the more than sixty Democratic elected officials who endorsed Governor Christie’s re-election campaign. When asked if he was aware of any instances where a Democratic elected official was targeted for deciding not to endorse, DuHaime stated that he was not.

DuHaime does not currently have and has never had a relationship with Fort Lee Mayor Mark Sokolich. Prior to the GWB allegations, DuHaime did not recognize Mayor Sokolich’s name, since DuHaime primarily recognized the names of Democrats who endorsed the Governor, as the list of names was public and everyone who worked on the Governor’s re- election campaign was proud of the list of Democratic endorsements. DuHaime did not speak to anyone about Mayor Sokolich as a potential endorser during the campaign.

When the allegations of political retribution came out, DuHaime asked Stepien if Mayor Sokolich had been on the campaign’s endorsement radar screen. Stepien reported back to DuHaime that former IGA Regional Director Matt Mowers had approached Mayor Sokolich in April 2013, and Mayor Sokolich had been clear at that time that he did not plan to endorse the Governor. DuHaime never got the impression that Stepien had any issue with Mayor Sokolich.

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III. Chronology of the Events

A. August 2013

DuHaime had no advance knowledge of, or involvement in, the decision to realign the Fort Lee access lanes.

B. September 9–13, 2013 – George Washington Bridge Lane Realignment

DuHaime had no awareness of the lane realignment during the week of September 9 to 13, 2013. He said that he may have spoken to Stepien during that week in the normal course of business, but it would have been unrelated to the traffic issues.

C. October 1, 2013 Wall Street Journal Article

The first time DuHaime recalls becoming aware that the traffic problem had become a larger issue was when the October 1 Wall Street Journal article came out. He knew there had been articles published about the lane realignment before October 1, but the issue had not risen to the level of impacting the Governor’s re-election campaign in any way up to that point, so he did not view it as a big story until the October 1 article.

The next recollection DuHaime had of the lane realignment issue surfacing was when the Governor was questioned about it during a Bergen Record editorial board meeting after the October 1 Wall Street Journal article came out. DuHaime attended the meeting with the Governor, which he did from time to time, and recalled the Governor was questioned once about the lane realignment during the hour-long meeting. The Governor joked in response and dismissively addressed the question because, as DuHaime understood, the Governor did not know anything about the issue.

DuHaime recalled that in addition to a dozen or so people from the newspaper in attendance, Kevin Roberts, from the Governor’s Communications Office, and a campaign staffer were also present. DuHaime does not recall having any subsequent discussions with Baroni, Stepien, Kelly or the Governor about the editorial board meeting.

DuHaime stated that, prior to Election Day, he did not discuss the lane realignment with Stepien, Baroni, Wildstein, or Kelly.

DuHaime does not recall the issue coming up again until after the Governor’s re-election in early November 2013. DuHaime said that shortly after the re-election, the Governor attended an event in Union City, NJ with Union City Mayor Brian Stack, who had endorsed the Governor. During a staff meeting before the event, DuHaime said that the issue of the lane realignment was raised due to the increased focus from the State Legislature and the scheduled Assembly Transportation Committee hearings.

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D. Wildstein Tells DuHaime That Kelly and Stepien Had Knowledge Beforehand

On or about November 11, 2013, Wildstein asked DuHaime to meet for coffee at “Rockin’ Joes,” a coffee shop in Westfield, New Jersey, where DuHaime’s office is located. During the course of the meeting, DuHaime and Wildstein discussed the lane realignment. DuHaime recalled Wildstein said that it was his idea to conduct a traffic study, and regardless of whether or not people thought that the traffic study was poorly executed, Wildstein thought it was an important policy issue worth exploring and he was prepared to take responsibility for his idea. Wildstein also expressed frustration about the way the issue had been handled from a communications perspective, by allowing the narrative that the traffic study was politically motivated to take hold without pushback or refutation that it was nothing more than a traffic study. Wildstein said that he would not have done the traffic study without Trenton knowing about it beforehand, and was upset that other people were not acknowledging that they knew about the traffic study beforehand.

At some point, Wildstein told DuHaime specifically that Kelly and Stepien knew about the traffic study beforehand. DuHaime does not recall when, but it was sometime between the coffee shop conversation and early December. Wildstein reiterated that he would take responsibility for what happened but remained frustrated that other people were not taking responsibility. Wildstein did not say the basis or source of Kelly’s or Stepien’s knowledge, and did not specify the extent or details of their knowledge.

DuHaime did not recall Wildstein bringing up Mayor Sokolich at all during these conversations.

E. November 25, 2013 – Baroni’s Testimony

DuHaime did not watch Baroni’s testimony before the Assembly Transportation Committee. DuHaime read press accounts of Baroni’s testimony. DuHaime did not have a conversation with anyone in the Governor’s Office after Baroni testified, and does not recall having a discussion about the testimony with Baroni or Wildstein.

F. December 6, 2013 – Meeting with Wildstein About His Resignation

In general, DuHaime’s perception was that Stepien stopped talking to Wildstein after Stepien returned from vacation in December 2013. Wildstein had been trying to reach Stepien and was unable to reach him. The Governor shared with DuHaime the Governor’s Office statement of Wildstein’s resignation.

G. December 9, 2013 – Wisniewski Committee Hearing

DuHaime was aware of the December 9, 2013 testimony by Port Authority officials. DuHaime specifically recalled speaking to the Governor during that timeframe, and the

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Governor saying that he believed, as Baroni had testified, that the lane realignment was a traffic study. DuHaime said that the Governor took Baroni at his word.

H. Conversation Between DuHaime and Stepien

DuHaime spoke to Stepien at some point after Wildstein told him that Kelly and Stepien had knowledge of the lane realignment beforehand. During this conversation, Stepien told DuHaime that he knew about the traffic study beforehand because Wildstein had come to him with this particular idea about a traffic study, but because Wildstein was always coming to Stepien with crazy ideas, Stepien dismissively told Wildstein to take the idea to “Trenton,” because Stepien no longer worked in state government. Stepien said that he did not tell Wildstein whether or not he should go ahead with the traffic study, just that he had to go to “Trenton”—and that was the extent of what Stepien knew before the traffic study was undertaken. Stepien did not discuss any ulterior motives for the traffic study. DuHaime came away with the impression that Stepien did not believe that Stepien had done anything improper.

Based on this discussion with Stepien, DuHaime believed that the traffic study was not Stepien’s idea. DuHaime’s reaction to Stepien’s explanation was that Stepien probably should have told Wildstein that the traffic study was a bad idea, and should not have told Wildstein to take it to Trenton, but DuHaime did not believe Stepien had done anything wrong and had no reason to believe he knew anything more than that.

I. December 11, 2013 – Conversation between DuHaime and the Governor

DuHaime conveyed to the Governor what Wildstein told him on or about December 11, 2013. During this conversation, DuHaime specifically reported to the Governor that Wildstein told DuHaime that both Kelly and Stepien had knowledge of the traffic study beforehand. DuHaime recalls that the conversation took place over the telephone and that the Governor’s reaction was that he wanted to get to the bottom of things.

DuHaime does not recall whether or not Stepien told DuHaime that Stepien had prior knowledge of the traffic study before DuHaime spoke with the Governor on or about December 11, 2013. He knows Stepien was on vacation in early December. DuHaime said that he knows the conversation with Stepien occurred after DuHaime spoke with Wildstein, but based on the high volume of DuHaime’s communications with Stepien during that time—they spoke almost daily about many different issues—DuHaime could not specifically recall if this conversation with Stepien occurred before or after DuHaime relayed Wildstein’s claims to the Governor on or about December 11, 2013. And he does not believe he conveyed to the Governor the substance of any conversation with Stepien about the lane realignment at the time he conveyed the substance of his conversation with Wildstein to the Governor on or about December 11, 2013.

J. Conversation Between the Governor and Stepien

Stepien had just returned from vacation when Stepien was called in to meet with the Governor on December 12, 2013. DuHaime was aware that Stepien had been called in by the

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Governor on December 12 because Stepien called DuHaime on his way to meet with the Governor. DuHaime believes that Stepien knew what the topic of conversation would be. DuHaime was not present during the Governor’s December 12 conversation with Stepien about the lane realignment, and does not know what Stepien told the Governor during that conversation.

DuHaime did not have a conversation with the Governor specifically about the Governor’s discussion with Stepien on December 12. DuHaime spoke with the Governor after the Governor’s December 12 meeting with Stepien and then twice the next morning before the December 13 press conference, but does not remember the substance of those conversations. DuHaime said that during this timeframe, both before and after December 13, he was constantly in contact with the Governor about many different things.

DuHaime recalls subsequently relaying to the Governor that DuHaime had been told by Stepien of Stepien’s firsthand knowledge of the lane realignment beforehand, but believes this conversation was subsequent to both DuHaime’s December 11 conversation with the Governor and the Governor’s December 12 conversation with Stepien. And DuHaime would have conveyed to the Governor at that time that Stepien did not believe he had done anything wrong in this regard. And DuHaime himself did not believe Stepien had done anything wrong in this regard.

K. December 13, 2013

1. Conversations with Stepien and Wildstein

Stepien called DuHaime from the State House on the morning of December 13, 2013, before the press conference, asking DuHaime to confirm that Wildstein had said Kelly had knowledge of the lane realignment beforehand. Stepien asked DuHaime if Wildstein had proof of Kelly’s knowledge beforehand. Stepien told DuHaime that the Governor would be holding a press conference later that day to address the lane realignment, and Stepien wanted to confirm what DuHaime was told by Wildstein to be sure Stepien had heard it correctly. DuHaime then called Wildstein to verify that Wildstein was certain that Kelly had knowledge beforehand. Wildstein replied that he was one hundred percent certain that Kelly had prior knowledge and that there were emails to further confirm Kelly knew beforehand. DuHaime then spoke to Stepien again to relay Wildstein’s confirmation.

2. Meeting with Baroni About His Resignation

DuHaime said that Baroni had called him early in December before he was fired, and apparently realized he would be axed. Baroni also called DuHaime right after his resignation, and told DuHaime that he had left on good terms and he was happy that the Governor had said good things about him.

At some point, Baroni confided in DuHaime that he was worried about his future. DuHaime told Baroni that he would land on his feet, and DuHaime would explore hiring Baroni

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at DuHaime’s consulting firm, or talk to him about potential law firms. DuHaime added that once the emails came out on January 8, 2014, there was an internal discussion at Mercury and the decision was made not to bring Baroni on.

L. December 13, 2013

1. Press Conference

DuHaime recalled thinking the Governor did a great job addressing the lane realignment during the press conference on December 13, 2013, but DuHaime does not recall having a conversation with the Governor about the press conference specifically.

M. December 13, 2013–January 8, 2014

Following December 13, 2013, DuHaime’s only recollection of the lane realignment issue coming up was a rumor that Assemblyman John Wisniewski had said he knew that the Governor’s Office had some involvement in the lane realignment.

N. January 8, 2014

DuHaime became aware of The Record story publishing emails and text messages from the editorial page editor of The Record, whom DuHaime was meeting for a previously scheduled breakfast at a diner in Clifton, New Jersey. The editor told DuHaime that The Record had just released a story naming Kelly as the person who ordered the lane realignment. At that point, DuHaime had not seen the story or the reprinted communications. The editor was showing DuHaime the story on the editor’s phone when DuHaime received a call from the Governor. DuHaime went outside of the diner and took the call with the Governor, who asked DuHaime if he could come to Drumthwacket. DuHaime told the Governor he would make himself available. DuHaime then cancelled a scheduled meeting with for later that day. DuHaime then had a client conference call. Following the call, Kevin O’Dowd called to ask DuHaime to come to Drumthwacket around noon or one o’clock that day.

Earlier that day—before the news broke in The Record—DuHaime spoke with Wildstein over the phone to let him know that DuHaime was meeting with Trump that day. This conversation was unrelated to the lane realignment.

DuHaime did not see the email or texts reprinted in The Record until he arrived at Drumthwacket. He described being dumbfounded by the story and the reprinted communications. Kelly’s level of involvement struck DuHaime the most. DuHaime said that based on the communications, it seemed obvious to DuHaime that Stepien’s conversations with Wildstein were different than Kelly’s conversations with Wildstein, but that Stepien was being targeted too, and that the Democrats would really be going after Stepien following the news. DuHaime recalls that based on the communications initially released, the focus at the Drumthwacket meeting was mostly on Stepien and Kelly. DuHaime, however, considered the Stepien communications to be consistent with what Stepien had previously told DuHaime about

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having knowledge before the lane realignment based on the idea of a traffic study Wildstein had presented. DuHaime did not think the communications reflected Stepien directing or having a level of involvement beyond the knowledge Stepien had already communicated to DuHaime.

DuHaime believes the following people, at one point or another, were present that day at Drumthwacket: the Governor, O’Dowd, Chris Porrino, , Jeff Chiesa, Maria Comella, Michele Brown, Regina Egea, and Bill Palatucci. DuHaime recalled the Governor’s initial reaction was very emotional. He gathered everyone around the table and said, despite having already asked, he was asking again if anyone knew about the lane realignment beforehand. Everyone reiterated that they did not have any knowledge of the lane realignment before it occurred.

DuHaime recalls that the decision to terminate Kelly was made quickly. There was then a discussion about what to do about Stepien’s relationship with the Governor.

Over the next few hours, everyone was reading texts and deciphering what communications meant and whom they were between. When the discussion turned to Stepien, the reaction of the group was negative, and the Governor then asked DuHaime to go meet with Stepien and find out what Stepien actually knew, in light of the reprinted communications. DuHaime believed that, at that point, the Governor had not yet made a final decision what to do about Stepien.

DuHaime left Drumthwacket and met Stepien at the Corner Bakery on Route 1 in Princeton, New Jersey. DuHaime told Stepien that Stepien should get an attorney because Wisniewski had already said earlier in the day that Stepien would be subpoenaed. DuHaime also discussed the political fallout with Stepien, at which point Stepien volunteered to step away from the NJGOP chairmanship. DuHaime told Stepien that his role with the Republican Governor’s Association would also be problematic.1

DuHaime asked Stepien if he had any belief that Kelly had been lying when she said previously she did not know about the lane realignment beforehand. Stepien essentially responded that he thought Kelly had lied about her knowledge. Stepien said that in his mind, the chain of command for authorizing Wildstein’s traffic study idea would be Kelly or Egea as Director of the Authorities Unit. DuHaime added that Wildstein never mentioned Egea having any knowledge of the lane realignment before it occurred, so DuHaime came away thinking Stepien knew the idea had gone only through Kelly in the Governor’s Office. And Stepien repeated what he had told DuHaime before about the exchange he had with Wildstein and that he did not believe he had done anything wrong.

1 Stepien had already accepted a consulting role with the Republican Governor’s Association on or about December 1, 2013.

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DuHaime and Stepien also discussed the published email in which Stepien referred to Mayor Sokolich as an “idiot.” Stepien said he was just trying to be comforting to Wildstein as a friend when he used that word. DuHaime recalled that Stepien was incredulous that he was being thrown under the bus for using that word.

Stepien also said that he had spoken with Kelly that day and she was a wreck, and reporters were at both her house and her mother’s house. Stepien said he had told Kelly not to speak to reporters.

During this conversation, DuHaime asked Stepien if he had had a romantic relationship with Kelly. DuHaime said that he had not heard this personally before that day, but people gathered at Drumthwacket told DuHaime that the Democrats were pushing the story around. DuHaime added that Stepien was generally uncomfortable talking about his personal life, but told DuHaime that he had had a short-lived personal relationship with Kelly during the summer after Stepien left the Governor’s Office and before the George Washington Bridge lane realignment took place.

DuHaime then returned to Drumthwacket and reported back to the Governor what he discussed with Stepien. The Governor then made the decision to sever his ties from Stepien based on a loss of confidence in Stepien. DuHaime said that he personally saw a clear line between the ways in which Kelly and Stepien were implicated: Kelly had sent an email approving of Wildstein’s idea beforehand, while there was no indication of Stepien doing anything of the sort.

After the Governor decided what action to take against Stepien, DuHaime participated in a conversation with the Governor and others about the press conference planned for the next day. They also discussed who would fire Kelly and talk to her attorney. The Governor then asked DuHaime to tell Stepien about the Governor’s decision as to Stepien.

During his drive home from Drumthwacket, DuHaime called Stepien, who was understandably upset about the situation. DuHaime recalled that Stepien said that he had worked harder than anyone for the Governor over the past years, and could not believe that the Governor was severing ties with him and putting him in the same category as Kelly. DuHaime told Stepien that he was sorry and apologized that things had come to this.

When he got home, DuHaime called the Governor to tell him that he spoke to Stepien, and relayed to the Governor that Stepien understood the situation but was not happy.

Stepien called DuHaime back to lobby for the Governor to change his mind. DuHaime called the Governor back and told him that he had had another tough conversation with Stepien.

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O. January 9, 2014 Press Conference

The following morning before the press conference, Stepien and his attorney called DuHaime and lobbied for the Governor to moderate the language he used during the press conference announcing the Governor’s decision to separate himself from Stepien. DuHaime called Porrino and relayed to Porrino that he had had an uncomfortable conversation with Stepien’s attorney and communicated the attorney’s request. DuHaime did not attend the January 9 press conference, but saw the majority of it on television. DuHaime spoke to the Governor following the press conference, either that day or the next, and told the Governor he had handled the situation well, and that DuHaime hoped it would be the turning of a new page for the Governor.